Chapter 5101:2-36 Screening and Investigation

(A)
A public
children services agency (PCSA) shall attempt to obtain, at a minimum, the
following information from a referent/reporter making a
referral regarding child safety, risk of child maltreatment or need for
services in order to determine an intake category and arrive at a
screening decision. Receipt of all of the following information is not required
in order to screen in a report or to categorize the
information as information and/or referral:

(1)
The name(s) and address(es) of the child
and his parent, guardian or custodian and all household
members.

(10)
Any other information that might be
helpful in establishing the cause of the known or suspected injury, abuse, or
neglect or the known or suspected threat of injury, abuse, or neglect or the
case circumstances that support the family is in need of PCSA
services.

(B)
The PCSA
may request that a referent/reporter providing information submit the
allegations in writing. The PCSA shall not delay making the screening decision
while waiting for the written information from the referent/reporter.

(C)
All information reported to a PCSA
alleging known or suspected child abuse, neglect, or dependency, or indicating
a family is in need of PCSA services shall be recorded in the statewide
automated child welfare information system (SACWIS) in
accordance with the following:

(1)
Referral
information received shall be recorded in SACWIS no later than the next working
day from the date of the receipt of the referral information.

(2)
The original
date and time the referral information is received by the PCSA shall be
reflected in SACWIS including the actual date and time of the screening
decision.

(D)
If a
PCSA receives a referral alleging abuse or neglect of a child located in Ohio
and the child's parent, guardian or custodian resides in another state, the
PCSA shall:

(1)
Contact the children services
agency (CSA) and inform the CSA of the referral pursuant to rule
5101:2-36-13 of the
Administrative Code.

(2)
If the
referral is not accepted by the CSA where the child's parent, guardian or
custodian resides, the PCSA shall categorize and complete a screening decision
in accordance with this rule.

(E)
If a PCSA
receives a referral alleging an incident of child abuse or neglect that
occurred in Ohio, the child is located outside of Ohio, and the child's parent,
guardian or custodian resides in another state, the PCSA shall:

(1)
Contact the CSA
and inform the CSA of the referral pursuant to rule
5101:2-36-13 of the
Administrative Code.

(2)
Make a referral to the law enforcement agency with
jurisdiction if the referral alleges a criminal offense.

(F)
The PCSA shall categorize the information received
into one of the following intake categories:

(a)
Emancipated youth, in
accordance with rule 5101:2-42-19.2 of the Administrative Code.

(b)
Permanent surrender, in accordance with
rule 5101:2-42-09 of the
Administrative Code.

(c)
Deserted
child, as defined in rule
5101:2-1-01 of the
Administrative Code and in accordance with rule
5101:2-36-06 of the
Administrative Code.

(d)
Stranger
danger investigation, in accordance with rule
5101:2-36-05 of the
Administrative Code for a child whom the PCSA considers
to be in need of public care or protective services.

(e)
Post-finalization adoption services, in
accordance with rule
5101:2-1-01 of the
Administrative Code upon the request of the birth
parent, adoptive parent or adoptee.

(f)
Preventive services, as defined in rule
5101:2-1-01 of the Administrative Code
for a child whom the PCSA considers to be in need of
public care or protective services.

(g)
Unruly child/delinquent child, whom the
PCSA considers to be in need of public care or protective services in
accordance with section
5153.16 of the Revised Code and
memorandum's specified in rule
5101:2-33-26 of the
Administrative Code.

(k)
Home
evaluation/visitation assessment, in accordance with rules
5101:2-1-01 and 5101:2-42-18 of the Administrative
Code or in response to a request from another PCSA or a court exercising
appropriate jurisdiction.

(l)
Pre-placement or postnatal services for the placement of an infant of an incarcerated mother, in
accordance with rule
5101:2-42-60 of the
Administrative Code.

(m)
Adoption
subsidy only in accordance with Chapter 5101:2-49 of the Administrative
Code.

(n)
Interstate compact on the
placement of children (ICPC) in accordance with rule
5101:2-52-04 of the
Administrative Code.

(4)
Information and/or referral, pursuant to rule 5101:2-1-01 of the Administrative Code, if paragraph
(F)(1),
(F)(2), or
(F)(3) of
this rule do not apply.

(G)
The PCSA shall
complete the screening decision and determine the immediacy of need for agency
response to ensure child safety within twenty-four hours from receipt of the
information and following the categorization of the referral information in
accordance with paragraphs (F)( (1), (F)(2), and (F)(3) of this
rule based on the information received from the referent/reporter and the child
protective services records regarding the principals of the report.

(H)
If the PCSA
screens out a referral of abuse or neglect and a principal of the report is a
person responsible for the child's care in an out-of-home care setting pursuant
to rule
5101:2-1-01 of the
Administrative Code, the PCSA shall notify licensing and supervising
authorities, as appropriate, no later than four working days from the date of
the screening decision to share information.

(I)
PCSAs that have
written approval from the Ohio department of job and family services to
participate in alternative response shall assign reports screened in and
categorized pursuant to paragraph (F)(1) of this rule to one of the following
pathways:

(K)
All referral
information categorized as information and/or referral pursuant to paragraph (F)(4) of this rule shall be
screened out. The PCSA shall identify which of the following activities was
completed by the PCSA.

(1)
Directed/advised to
contact non-PCSA service provider within the county.

(2)
Directed/advised to contact non-PCSA
service provider outside the county.

(4)
Additional information received on an open case that is not alleging abuse or
neglect of a child.

(L)
The PCSA may refer the referent/reporter to the county prosecutor pursuant to
the county child abuse and neglect memorandum of understanding developed
pursuant to section 2151.421 of the Revised
Code.

(M)
Additional child abuse and/or neglect allegations
screened in within the first four working days of the acceptance of a child
abuse and/or neglect report and prior to the completion of
an assessment of safety with the child and the
parent/caregiver, may be added to the initial report and
assessed/investigated concurrently with the allegations received initially. The
date and time the subsequent report was received along with the reporter
information shall be recorded.

(N)
Additional child
abuse and/or neglect allegations screened in after the first four working days
of the acceptance of the previous child abuse and/or neglect report or after
completion of the assessment
of safety shall be recorded as a subsequent child
abuse and/or neglect report and are subject to the requirements contained in rules
5101:2-36-03,
5101:2-36-04, and
5101:2-36-05 of the
Administrative Code.

(A)
A public children services agency (PCSA)
shall conduct an intra-familial child abuse and/or neglect
assessment/investigation in response to a child abuse and/or neglect report if
one or more of the following applies:

(1)
The
alleged perpetrator is a member of the alleged child victim's family.

(2)
The alleged perpetrator
is known to the family or child and has
had access to the alleged child victim,
whether or not the access was known or authorized by the child's parent,
guardian or custodian.

(3)
The alleged perpetrator is involved in daily or regular care for the alleged
child victim, excluding a person responsible for the care of a child in an
out-of-home care setting.

(B)
An intra-familial
assessment/investigation shall involve a third party if a
principal named in the report poses a conflict of interest for the PCSA
pursuant to rule
5101:2-36-08 of the
Administrative Code.

(C)
The PCSA
may request the assistance of law enforcement during an
assessment/investigation if one or more of the following situations exist and
the reason for contacting law enforcement is documented in the case record:

(1)
The agency has reason to believe that the
child is in immediate danger of serious harm.

(2)
The agency has reason to believe that the
worker is, or will be, in danger of harm.

(3)
The agency has reason to believe that a
crime is being committed, or has been committed against a child.

(4)
The assistance of law enforcement needs
to be invoked in accordance with the county child abuse and neglect memorandum
of understanding.

(D)
The PCSA shall initiate the screened in child abuse and/or neglect report in
accordance with the following:

(1)
For an
emergency report, attempt a face-to-face contact with the alleged child victim
within one hour from the time the referral was screened in, to assess child
safety and interview the alleged child victim.

(2)
For all other reports, attempt a
face-to-face contact or complete a telephone contact within twenty-four hours
from the time the referral was screened in, with a principal of the report or
collateral source who has knowledge of the alleged child victim's current
condition, and can provide current information about the child's
safety.

(3)
If face-to-face contact
with the alleged child victim was not attempted within the twenty-four hour
time
frame, an attempt of face-to-face contact with the alleged child victim
shall be made within seventy-two hours from the time the report was screened in
to assess child safety and interview the alleged child victim.

(E)
The PCSA shall document in the
case record the date, time, and with whom the assessment/investigation was
initiated.

(1)
The PCSA shall attempt face-to-face contact with the
alleged child victim and a parent,guardian, custodian, or caregiver within the
first four working days from the date the report was screened in as an abuse or
neglect report.

(2)
If the PCSA's attempt to complete face-to-face contact
pursuant to paragraph (F)(1) of this rule is unsuccessful, the PCSA shall
attempt at least one additional face-to-face contact within the first four
working days from the date the referral was screened in as a report.

(G)
If the attempted
face-to-face contacts with the alleged child victim, as specified in paragraphs
(D) and (F) of this rule are unsuccessful, the PCSA shall, at a minimum,
continue making attempts for face-to-face contact at least every five working
days until the child is seen or until the PCSA is required to make a report
disposition pursuant to paragraph (U) or (V) of this rule.

(H)
The PCSA shall not
interview the alleged child victim or his or her
siblings without parental consent, unless one of the following exigent
circumstances exists:

(1)
There is credible
information indicating the child is in immediate danger of serious
harm.

(2)
There is credible
information indicating that the child will be in immediate danger of serious
harm upon return home from school or other locations away from his or her
home.

(3)
There is credible
information indicating that the child may be intimidated from discussing the
alleged abuse or neglect in his or her home.

(4)
The child requests to be interviewed at
school or another location due to one of the circumstances listed in this
paragraph.

(I)
Should an alleged child victim provide information during an
interview that indicates a sibling might be in immediate danger of serious harm
or that the sibling could provide information regarding immediate danger of
serious harm to the alleged child victim, the interview of the sibling who was
not identified as an alleged child victim may commence.

(J)
The specific
facts necessitating that investigative interviews of a child be conducted
without parental consent must be documented in the case record.

(K)
If a child is interviewed
without parental consent, then the same day, the PCSA shall attempt a
face-to-face contact or complete a telephone
contact with the child's parent, guardian, or
custodian to inform them that an interview of the child occurred
and provide the specific facts necessitating the child
be contacted without parental consent.

(L)
If the attempt
to contact the child's custodian pursuant to paragraph (K) of this rule is
unsuccessful, the PCSA shall continue to attempt to complete face-to-face
contact with the child's parent, guardian or custodian once every five working
days until contact is made with the child's parent, guardian, or custodian, or
until the PCSA is required to make a case disposition pursuant to paragraphs
(U) and (V) of this rule.

(M)
The PCSA shall conduct and
document face-to-face interviews with each child residing within the home of
the alleged child victim. If possible each child should be interviewed
separately and apart from the alleged perpetrator. The purpose of the
interviews is to:

(2)
Additional interviewing
would be detrimental to the child, unless requested by the lead PCSA pursuant
to paragraph (AA) or (BB) of this rule.

(O)
The PCSA shall conduct and document
face-to-face interviews with the alleged perpetrator and all adults residing in
the home of the alleged child victim, unless law enforcement or the county
prosecutor will interview the alleged perpetrator pursuant to the procedures
delineated in the county child abuse and neglect memorandum of understanding,
in order to:

(2)
Observe the
interaction between the alleged child victim and caretaker.

(3)
Obtain relevant information regarding
the
safety and risk to the child.

(P)
The PCSA shall advise the alleged
perpetrator of the allegations made against him or her at the time of the
initial contact with the person. The initial contact between the PCSA and the
alleged perpetrator of the report includes the first face-to-face or telephone
contact, whichever occurs first, if information is gathered as part of the
assessment/investigation process.

(Q)
The PCSA shall conduct and document
face-to-face or telephone interviews with any person identified as a possible
source of information during the assessment/investigation to obtain relevant
information regarding the safety of and risk to the child.
The PCSA shall exercise discretion in the selection of
collateral sources to protect the family's right to privacy.

(R)
The PCSA shall take any other actions necessary to assess safety and risk to
the child. These actions may include, but are not limited to:

(2)
Taking
photographs of the child's environment with the parent, guardian, or
custodian's consent.

(3)
Attempting to secure a medical examination or psychological
evaluation or both of the child with consent of the child's parent, guardian,
or custodian or with a court order.

(4)
Attempting to
secure any relevant records,
including but not limited to school, mental health, and medical
records.

(S)
At any time
the PCSA determines a child to be in immediate danger of serious harm, the PCSA
shall follow procedures outlined in rule
5101:2-37-02 of the
Administrative Code.

(T)
If the PCSA determines supportive services are
necessary, the supportive services shall be made available to the child, his or
her parent, guardian, or custodian during all of the following pursuant to
procedures established in rule
5101:2-40-02 of the
Administrative Code:

(U)
The PCSA shall
complete the report disposition and arrive at a final case decision by
completing the JFS 01400 "Comprehensive Assessment Planning Model -I.S., Family Assessment" (rev.
7/2006) no later than forty-five days from the date the PCSA screened in the
referral as a child abuse and/or neglect report. The PCSA may extend the time
frame by a maximum of fifteen days if information needed to determine the
report disposition and final case decision cannot be obtained within
forty-five days and the reasons are documented in the
case record pursuant to rule
5101:2-36-11 of the
Administrative Code.

(1)
The JFS 01402 shall be completed no later than forty-five
days from the date the PCSA screened in the referral as a child abuse and/or
neglect report.

(2)
The PCSA may
extend the time frame by a maximum of fifteen days if information needed to
determine the report disposition cannot be obtained within
forty-five days and the reasons are documented in the
case record pursuant to rule
5101:2-36-11 of the
Administrative Code.

(W)
The PCSA shall not
waive the completion of the report disposition.

(X)
The PCSA shall
request assistance from the county prosecutor, the PCSA's legal counsel, and/or
the court if refused access to the alleged child victim or any
records necessary to conduct the assessment/investigation.

(Y)
The PCSA shall have an interpreter present for all interviews
if the
PCSA has determined that a principal of the report has a language or any other
impairment that causes a barrier in communication, including but not limited to
a principal of the report who is deaf or hearing impaired, limited English
proficiency or is developmentally delayed.

(Z)
Within two working
days of completion of the assessment/investigation, the PCSA shall do all of
the following:

(1)
Notify the child, unless
the child is not of an age or developmental capacity to understand; and the
child's parent, guardian, or custodian of the report disposition and final case
decision.

(2)
Notify the alleged
perpetrator in writing of the report disposition; the right to appeal; and the
method by which the alleged perpetrator may appeal the disposition as outlined
in rule
5101:2-33-20 of the
Administrative Code.

(3)
Refer all
children under the age of three to "Help Me Grow" for early intervention
services if there is a substantiated report of child abuse or neglect
regardless of the child's role in the report.

(4)
Refer any infant who has been born and
identified as affected by illegal substance abuse or withdrawal symptoms
resulting from prenatal drug exposure to "Help Me Grow."

(5)
Notify the child's
non-custodial parent, who holds residual parental rights to the child and
maintains an ongoing relationship through visitation with the child and/or
payment of child support, of the receipt of the report, the report disposition,
and the case decision.

(6)
Document in the
case record, the date and method of notification to the principals of the
report of the above listed activities.

(AA)
If two or more
Ohio PCSAs are involved in an assessment/investigation the lead county shall be
determined by the following criteria:

(1)
The
PCSA located within the county where a juvenile court has issued a protective
supervision order.

(2)
The PCSA
located within the county where the custodial
parent, legal guardian, legal custodian of the alleged child victim resides.

(3)
If an order of shared parenting has been issued and a
residential parent has not been designated by the court, the PCSA located
within the county of residence of the custodian who has physical care of the
alleged child victim at the time the incident occurred.

(BB)
If a report of child abuse and neglect involves a
child who is living in a shelter for victims of domestic violence or a homeless
shelter, the PCSA that received the report shall do one of the following:

(1)
Determine if the child was brought to the
shelter pursuant to an agreement with a shelter in another county. If a
determination is made that there was an agreement in place, the PCSA from the
county from which the child was brought shall lead the assessment/investigation
and provide the required supportive services or petition the court for custody
of the child, if necessary.

(2)
Lead the assessment/investigation if a determination is made that the child was
not brought to the shelter under an agreement with a shelter in another county.
If two or
more PCSAs are involved, all PCSAs shall be responsible for following
procedures outlined in this rule.

(3)
Commence the assessment/investigation if
a determination cannot be made immediately if an agreement is in effect.

(CC)
If requested by the lead PCSA, either verbally or
in writing, the non-lead PCSA located in a
non-contiguous county shall conduct interviews of any principals of the
report and collateral sources presently located within its jurisdiction
to provide the lead agency with the information
necessary to complete the JFS 01401, JFS 01400, and/or JFS 01402 within
the time frames outlined in this rule. All PCSAs involved shall
document the request in the case record.

(DD)
The PCSA shall follow procedures set forth in rule
5101:2-36-07 of the
Administrative Code if the report involves alleged withholding of medically indicated treatment
from a disabled infant with life-threatening conditions.

(EE)
The assessment/investigation documentation and any materials obtained as a
result of the assessment/investigation shall be maintained in the case record.
If any information gathering activity cannot be completed, justification and
the written approval of the director or the designee shall be filed in the case
record in accordance with rule
5101:2-36-11 of the
Administrative Code.

(A)
The public children services agency
(PCSA) shall conduct a specialized assessment/investigation if the child abuse
or neglect report involves an alleged perpetrator who meets one or more of the
following criteria:

(1)
Is a person
responsible for the alleged child victim's care in an out-of-home care setting
as defined in rule
5101:2-1-01 of the
Administrative Code.

(2)
Is a
person responsible for the alleged child victim's care in out-of-home care as
defined in section 2151.011 of the Revised
Code.

(3)
Has access to the alleged
child victim by virtue of his/her employment by or affiliation to an
institution.

(4)
Has access to the alleged child victim through
placement in an out of home care setting.

(B)
A specialized assessment/investigation
shall require a third party if a principal named in the report poses a conflict
of interest for the PCSA pursuant to rule
5101:2-36-08 of the
Administrative Code.

(C)
If a
specialized assessment/investigation of an abuse and/or neglect report involves
multiple alleged child victims from multiple cases, the PCSA shall complete a
separate assessment/investigation for each case. The completion of the JFS
01403, " Specialized Assessment and
Investigation" (rev. 2/2006) is required for each case.

(D)
The PCSA shall initiate the screened in
child abuse and/or neglect report in accordance with the following:

(1)
For an emergency report, attempt a
face-to-face contact with the alleged child victim within one hour from the
time the referral was screened in, to assess child safety and interview the
alleged child victim.

(2)
For all other reports, attempt a
face-to-face contact or complete a telephone contact within twenty-four hours
from the time the referral was screened in, with a principal of the report or
collateral source who has knowledge of the alleged child victim's current
condition, and can provide current information about the child's
safety.

(E)
If
face-to-face contact with the alleged child victim was not completed within the
twenty-four hour time frame, an attempt of face-to-face contact with the
alleged child victim shall be made within seventy-two hours from the time the
report was screened in to assess child safety and interview the alleged child
victim.

(F)
The PCSA shall document
in the case record the date, time, and with whom the specialized
assessment/investigation was initiated.

(G)
If the attempted face-to-face contact
with the alleged child victim, as specified in paragraphs (D) and (E) of this
rule is unsuccessful, the PCSA shall continue to make attempts for face-to-face
contact , every five working days until the child is seen or until the PCSA is
required to make a report disposition pursuant to paragraph
(T) of
this rule.

(H)
If a child abuse
and/or neglect report involves an alleged child victim, or the sibling of an alleged child victim who was not named
as an alleged child victim, who is not in the custody of a PCSA or PCPA,
the PCSA shall not interview the child without parental consent unless one of
the following exigent circumstances exists:

(1)
There is credible information indicating
the child is in immediate danger of serious harm.

(2)
There is credible information indicating
that the child will be in immediate danger of serious harm upon return home
from school or other locations away from home.

(3)
There is credible information indicating
that the child may be intimidated from discussing the alleged abuse or neglect
in his or her home.

(4)
The child
requests to be interviewed at school or another location due to one of the
circumstances listed in this paragraph.

(I)
Should an alleged child victim
provide information during an interview that indicates a sibling might be in
immediate danger of serious harm or that the sibling could provide information
regarding immediate danger of serious harm to the alleged child victim, the
interview of the sibling who was not identified as an alleged child victim may
commence.

(J)
The specific facts necessitating that
assessment/investigative interviews of a child be conducted without parental
consent must be documented in the case record.

(K)
If an alleged
child victim is interviewed without parental consent, then the same day, the
PCSA shall attempt a face-to-face or complete a
telephone contact with the alleged child victim's parent, guardian, or
custodian to inform them that an interview of their child occurred.

(1)
If the attempt to
contact the child's custodian pursuant to paragraph (K) of this rule is
unsuccessful, the PCSA shall continue to attempt to contact the child's parent,
guardian or custodian once every five working days until contact is made with
the child's parent, guardian, or custodian, or until the PCSA makes a report
disposition pursuant to paragraph (T) of this rule.

(2)
The PCSA shall document in the case
record the date and time of the contact, or attempted contacts.

(L)
If the PCSA conducts a specialized
assessment/investigation, the PCSA shall:

(1)
Within
twenty-four hours of the screening decision contact the out-of-home care
setting administrative officer, director, or other chief administrative
officer, or if the administrative officer, director or other chief
administrative officer is alleged to be the perpetrator, the board of
directors, county commissioners, or law enforcement as applicable in order to:

(b)
Discuss what actions
have been taken to protect the alleged child victim.

(c)
Provide information about the
assessment/investigation activities that will follow.

(2)
No later than the
next working day, from the date the referral was screened in as a child abuse
and/or neglect report inform the parent(s), guardian, or custodian of
the alleged child victim that a report of abuse and/or neglect involving his or
her child is being assessed/investigated and of the allegations contained within the report
.

(3)
No later than the next working day, from the date the
referral was screened in as a child abuse and/or neglect report contact licensing and supervising
authorities, as appropriate, to share information .

(4)
Attempt to coordinate the interview of
the alleged child victim if another agency is required by statute or
administrative rule to conduct its own assessment/investigation to
minimize the number of interviews of the child
.

(6)
Conduct and
document all face-to-face interviews with the alleged perpetrator, unless law
enforcement or the county prosecutor will interview the alleged perpetrator
pursuant to the procedures delineated in the county child abuse and neglect
memorandum of understanding, in order to assess his or her knowledge of the
allegation.

(7)
Advise the alleged
perpetrator of the allegations made against him or her at the time of the
initial contact with the person. The initial contact between the PCSA and the
alleged perpetrator of the report includes the first face-to-face or telephone
contact, whichever occurs first, if information is gathered as part of the
assessment/investigation process.

(8)
Conduct and document face-to-face or
telephone interviews with any person identified as a possible source of
information during the assessment/investigation to obtain relevant information
regarding the safety of and risk to the child. The PCSA
shall exercise discretion in the selection of collateral sources to protect the
privacy of the principals of the report.

(9)
As appropriate, conduct and document all face-to-face interviews with the
parent, guardian, or custodian and/or caretaker of the alleged child victim
to gather relevant information regarding the parent,
guardian, or custodian and/or caretaker's ability to keep the child safe and
identify what, if any, services are needed by the family.

(10)
Attempt to
secure any relevant records
necessary to assess safety and risk to the child,
including but not limited to school, mental health, medical, incident reports
in an out-of-home care setting.

(11)
Take any other
actions necessary to assess safety and risk to the child. These actions may
include, but are not limited to:

(2)
Additional interviewing
would be detrimental to the child, unless requested by the lead PCSA pursuant
to paragraphs (R) and (Y)
of this rule.

(N)
At any time the PCSA determines a child
is in immediate danger of serious harm, the PCSA shall follow procedures
outlined in rule 5101:2-37-02 or 5101:2-39-03 of the
Administrative Code.

(O)
If the PCSA determines supportive services are
necessary, the supportive services shall be made available to the child, his or
her parent, guardian, or custodian during all of the following pursuant to
procedures established in rule
5101:2-40-02 of the
Administrative Code:

(P)
The PCSA shall
request assistance from the county prosecutor, the PCSA's legal counsel, or the
court if
refused access to the alleged child victim or any records necessary to conduct
the specialized assessment/investigation.

(Q)
The PCSA shall
have an interpreter present for all interviews if the PCSA has
determined that a principal of the report has a language or any other
impairment that causes a barrier in communication, including but not limited to
a principal of the report who is deaf or hearing impaired, has limited English
proficiency or is developmentally delayed.

(R)
If two or more
Ohio PCSAs are involved in an assessment/investigation the lead county shall be
determined by the following criteria:

(1)
The
PCSA located within the county where a juvenile court has issued a protective
supervision order.

(2)
The PCSA
located within the county where the custodial
parent, legal guardian, legal custodian of the alleged child victim resides.
.

(3)
If an order of shared parenting has been issued, and a
residential parent has not been designated by the court, the PCSA located
within the county of residence of the custodian who has physical care of the
alleged child victim at the time the incident occurred.

(S)
If requested by the lead PCSA, either verbally or
in writing, the non-lead PCSA located in a
non-contiguous county shall conduct interviews of any principals of the
report and collateral sources presently located within its jurisdiction
to provide the lead agency with the information
necessary to complete the JFS 01403 within the time frames outlined
in this rule. All PCSAs involved shall document the request in the case record.

(T)
The PCSA shall complete the report disposition and arrive at a final case
decision by completing the JFS 01403 no later than forty-five
days from the date the PCSA screened in the referral as a child abuse and
neglect report. The PCSA may extend the time frame
by a maximum of fifteen days if information needed to determine the report
disposition and final case decision cannot be obtained within
forty-five days and the reasons are documented in the
case record pursuant to rule
5101:2-36-11 of the
Administrative Code.

(U)
Investigative activities
conducted independently by other agencies, does not relieve the PCSA of its
responsibility for concluding an assessment/investigation in accordance with
this rule. The PCSA shall not waive the completion of the report
disposition.

(V)
Within two working days of completion of the JFS
01403, the PCSA shall do all of the following:

(1)
Notify the child, unless the child is not
of an age or developmental capacity to understand, and the child's parent,
guardian, or custodian of the report disposition and the final case
decision.

(2)
Notify the alleged
perpetrator in writing of the report disposition; the right to
appeal ; and
the method by which the alleged perpetrator may appeal the disposition as
outlined in rule
5101:2-33-20 of the
Administrative Code.

(3)
Refer all
children under the age of three to "Help Me Grow" for early intervention
services if there is a substantiated report of child abuse or neglect
regardless of the child's role in the report.

(4)
Refer any infant who
has been
born and identified as affected by illegal substance abuse or withdrawal
symptoms resulting from prenatal drug exposure to "Help Me Grow."

(5)
Notify the child's
non-custodial parent, who holds residual parental rights to the child and
maintains an ongoing relationship through visitation with the child
and/or payment of child support, of the receipt
of the report, the report disposition, and the
case decision.

(6)
Document in the case record, the date and method
of notification to the principals of the report of the above listed
activities.

(W)
No later than
three working days from the date of the completion of the report disposition,
the PCSA shall provide written notification of the report disposition to the
following entities, as applicable, in accordance with rules
5101:2-33-21 and
5101:2-36-12 of the
Administrative Code:

(1)
Administrator,
director, or other chief administrator of the out-of-home care
entity.

(3)
The appropriate licensing and supervising
authorities of the out-of-home care entity.

(X)
The PCSA shall not provide witness statements, police reports, or other
investigative reports to the entities described in paragraph
(W) of
this rule.

(Y)
If a report
of child abuse and neglect involves a child who is living in a shelter for
victims of domestic violence or a homeless shelter, the PCSA that received the
report shall do one of the following:

(1)
Determine if the
child was brought to the shelter pursuant to an agreement with a shelter in
another county. If a determination is made that there was an agreement in
place, the PCSA from the county from which the child was brought shall lead the
assessment/investigation and provide the required supportive services or
petition the court for custody of the child, if necessary.

(2)
Lead the
assessment/investigation if a determination is made that the child was not
brought to the shelter under an agreement with a shelter in another county. If
two or more PCSAs are involved, all PCSAs shall be responsible for following
procedures outlined in this rule.

(3)
Commence the
assessment/investigation if a determination cannot be made immediately if an
agreement is in effect.

(Z)
The assessment/investigation documentation and any
materials obtained as a result of the assessment/investigation shall be
maintained in the case record. If any information gathering activity cannot be
completed, justification and the written approval of the director or the
designee shall be filed in the case record in accordance with rule
5101:2-36-11 of the
Administrative Code.

(A)
A public
children services agency (PCSA) shall conduct a stranger danger investigation
in response to a child abuse report alleging a criminal act against a child of
assault or sexual activity as defined under Chapter 2907. of the Revised Code,
if the alleged perpetrator was unknown to the alleged
child victim and the alleged child victim's family prior to the
incident(s).

(B)
The PCSA shall refer the report
to the appropriate law enforcement authority pursuant
to rule
5101:2-36-12 of the
Administrative Code within twenty-four hours of the time the report was
screened in, unless the report was received from the law enforcement agency
with jurisdiction.

(C)
The
PCSA shall initiate the stranger danger report in
accordance with the following:

(1)
For an
emergency report, attempt a face-to-face contact with the alleged child victim
within one hour from the time the referral was screened in, to assess child
safety and interview the alleged child victim.

(2)
For all other reports, the PCSA shall
attempt a face-to-face contact or complete a telephone contact within
twenty-four hours from the time the referral was screened in, with a principal
of the report or collateral source who has knowledge of the alleged child
victim's current condition and can provide current information about the
child's safety.

(3)
If face-to-face
contact with the alleged child victim was not attempted within the twenty-four
hour time frame, an attempt of face-to-face contact the alleged child victim
shall be made within seventy-two hours from the time the report was screened in
to assess child safety and interview the alleged child victim.

(D)
The PCSA shall document in the
case record the date, time and with whom the assessment/investigation was
initiated.

(1)
The PCSA shall
attempt face-to-face contact with the alleged child victim and a parent,
guardian, custodian, or caregiver within the first four working days from the
date the report was screened in as an abuse or neglect report.

(2)
If the PCSA's
attempt to complete face-to-face contact pursuant to paragraph (E)(1) of this
rule is unsuccessful, the PCSA shall attempt at least one additional
face-to-face contact within the first four working days from the date that the
referral was screened in as a report.

(F)
If the attempted
face-to-face contacts with the alleged child victim, as specified in paragraphs
(C) and (E) of this rule are unsuccessful, the PCSA shall, at a minimum
continue making attempts for face-to-face contact at least every five working
days until the child is seen or until the PCSA is required to make a report
disposition pursuant to paragraph (S) of this rule.

(G)
The PCSA shall not
interview the alleged child victim or his or her
siblings without parental consent, unless one of the following exigent
circumstances exists:

(1)
There is credible
information indicating the child is in immediate danger of serious
harm.

(2)
There is credible
information indicating that the child will be in immediate danger of serious
harm upon return home from school or other locations away from his or her
home.

(3)
There is credible
information indicating that the child may be intimidated from discussing the
alleged abuse in his or her home.

(4)
The child requests to be interviewed at
school or another location due to one of the circumstances listed in this
paragraph.

(H)
Should an alleged child victim provide information during an
interview that indicates a sibling might be in immediate danger of serious harm
or that the sibling could provide information regarding immediate danger of
serious harm to the alleged child victim, the interview of the sibling who was
not identified as an alleged child victim may commence.

(I)
The specific
facts necessitating that investigative interviews of a child be conducted
without parental consent must be documented in the case record.

(J)
If a child is
interviewed without parental consent, then the same day, the PCSA shall attempt
a face-to-face contact or complete telephone contact
with the child's parent, guardian, or custodian to inform them
that an interview of their child occurred. If unsuccessful, an attempt to
complete face-to-face contact shall occur once every five working days until
contact is made with the child's parent, guardian, or custodian or until the
PCSA is required to make a report disposition pursuant to paragraph
(S) of
this rule.

(K)
The PCSA shall conduct and document face-to-face or telephone interviews with
any person identified as a possible source of information during the
investigation to obtain relevant information regarding the safety of and risk
to the child. The PCSA shall exercise discretion in the
selection of collateral sources to protect the family's right to privacy.

(L)
The PCSA shall
have an interpreter present for all interviews if the PCSA has
determined that a principal of the report has a language or any other
impairment that causes a barrier in communication including but not limited to
a principal of the report who is deaf or hearing impaired, limited English
proficiency or is developmentally delayed.

(M)
The PCSA shall
take any other actions necessary to assess safety and risk to the child. These
actions may include, but are not limited to:

(2)
Taking
photographs of the child's environment with the parent, guardian, or
custodian's consent.

(3)
Attempting
to secure a medical examination or psychological evaluation or both of
the child with consent of the child's parent, guardian, or custodian or with a
court order.

(4)
Attempting to secure any relevant records, including but not
limited to school, mental health, and medical records.

(N)
If the PCSA determines a child to be in immediate danger of serious harm, the
PCSA shall follow procedures outlined in rule
5101:2-37-02 of the
Administrative Code.

(O)
If the PCSA determines supportive services are
necessary, the supportive services shall be made available to the child, his or
her parent, guardian, or custodian during all of the following pursuant to
procedures established in rule
5101:2-40-02 of the
Administrative Code:

(P)
The PCSA shall
advise the alleged perpetrator of the allegations made against him or her at
the time of the initial contact with the person. The initial contact between
the PCSA and the alleged perpetrator of the report includes the first
face-to-face or telephone contact, whichever occurs first,
if
information is gathered as part of the investigation process.

(Q)
Prior to completion of the report disposition, the PCSA shall contact law
enforcement and document information regarding the status of the criminal
investigation in the case record. The PCSA shall notify the prosecuting
attorney if there is reason to believe the alleged perpetrator has not been
investigated by law enforcement.

(R)
The PCSA shall
request assistance from the county prosecutor, the PCSA's legal counsel, or the
court if refused access to the alleged child victim or any records necessary to
conduct the investigation.

(S)
The PCSA shall
complete the report disposition no later than forty-five
days from the date the PCSA determines that the referral is screened in as a
family in need of services stranger danger report. The PCSA may extend the time
frame by a maximum of fifteen days if information needed to determine the
report disposition cannot be obtained within forty-five
days and the reasons are documented in the case record pursuant to rule
5101:2-36-11 of the
Administrative Code.

(T)
The PCSA shall not waive the completion of the
report disposition.

(U)
A JFS 01400 "Comprehensive Assessment
Planning Model - I.S., Family
Assessment" (rev. 7/2006), shall be completed pursuant to rule
5101:2-37-03 of the
Administrative Code at any time the PCSA determines that the family of the alleged
child victim is unable or unwilling to protect the child. The PCSA will assess
and determine whether the family and/or child is in need of supportive services
by the PCSA or the community.

(V)
If two or more
Ohio PCSAs are involved in an assessment/investigation the lead county shall be
determined by the following criteria:

(1)
The
PCSA located within the county where a juvenile court has issued a protective
supervision order.

(2)
The PCSA
located within the county the custodial parent,
legal guardian, legal custodian of the alleged child victim resides.
If an order of shared parenting has been issued and a residential parent
has not been designated by the court, the PCSA located within the county
of residence of the custodian who has physical care of the alleged child victim
at the time the incident occurred.

(3)
If an order of shared parenting has been issued, and a
residential parent has not been designated by the court, the PCSA located
within the county of residence of the custodian who has physical care of the
alleged child victim at the time the incident occurred.

(W)
Within two working days of completion of the
assessment/investigation, the PCSA shall:

(1)
Notify the child, unless the child is not of an age or developmental capacity
to understand; and the child's parent, guardian, or custodian of the report
disposition and if applicable, the final case decision.

(2)
Notify the alleged perpetrator, if known,
in writing of the report disposition; and their right to appeal, and the method
by which the alleged perpetrator may appeal the disposition as outlined in rule
5101:2-33-20 of the
Administrative Code.

(3)
Refer all
children under the age of three to "Help Me Grow" for early intervention
services if there is a substantiated case of child abuse or neglect regardless
of the child's role in the report.

(4)
Document in the
case record, the date and method of notification to the principals of the
report.

(5)
Notify the child's non-custodial parent, who holds
residual parental rights to the child and maintains an ongoing relationship
through visitation with the child and/or payment of child support, of the
receipt of the report, the report disposition, and case decision.

(6)
Document in the case record, the date and method of notification to the
principals of the report of the above listed activities.

(X)
If a report of
child abuse and neglect involves a child who is living in a shelter for victims
of domestic violence or a homeless shelter, the PCSA that received the report
shall do one of the following:

(1)
Determine if the child was brought to the shelter
pursuant to an agreement with a shelter in another county. If a determination
is made that there was an agreement in place, the PCSA from the county from
which the child was brought shall lead the assessment/investigation and provide
the required supportive services or petition the court for custody of the
child, if necessary.

(2)
Lead the assessment/investigation if a determination
is made that the child was not brought to the shelter under an agreement with a
shelter in another county. If two or more PCSAs are involved, all PCSAs shall
be responsible for following procedures outlined in this rule.

(3)
Commence the
assessment/investigation if a determination cannot be made immediately if an
agreement is in effect.

(Y)
If requested by
the lead PCSA, either verbally or in writing, the non-lead PCSA located in a
non-contiguous county shall conduct interviews of any principals of the report
and collateral sources presently located within its jurisdiction to provide the
lead agency with the information necessary to complete the investigation within
the time frames outlined in this rule. All PCSAs involved shall document the
request in the case record.

(Z)
The investigation documentation and any
materials obtained as a result of the investigation shall be maintained in the
case record. If any information gathering activity cannot be completed,
justification and the written approval of the director or the designee shall be
filed in the case record in accordance with rule
5101:2-36-11 of the
Administrative Code.

(2)
The PCSA
determines that someone other than the parent delivered the child subject of
the report to the care of an emergency medical service worker, peace officer,
or hospital employee.

(3)
The child subject of the report is determined to be
more than thirty days old at the time the child was delivered to the care of an
emergency medical service worker, peace officer, or hospital
employee.

(H)
The PCSA shall
place the child subject of the report in substitute care pursuant to rule
5101:2-42-04 of the
Administrative Code and provide a copy of the medical examination report to the
caregiver.

(I)
The PCSA shall contact the following agencies and
determine if a child matching the description of the child subject of the
report has been reported missing:

(A)
The public children services agency
(PCSA) shall conduct an assessment/investigation if a neglect report alleges
the withholding of medically indicated treatment from a disabled infant with
life-threatening condition(s).

(1)
The
withholding of medically indicated treatment is the refusal to provide
appropriate nutrition, hydration, medication or other medically indicated
treatment from a disabled infant with a life-threatening condition.

(2)
Medically indicated treatment includes
the medical care most likely to relieve, or correct, the life-threatening
condition. Nutrition, hydration, and medication, as appropriate for the
infant's needs, are medically indicated for all disabled infants; as well as,
the completion of appropriate evaluations or consultations necessary to assure
that sufficient information has been gathered to make informed medical
decisions on behalf of the disabled infant.

(3)
In determining whether treatment is
medically indicated, reasonable medical judgments made by a prudent physician,
or treatment team, knowledgeable about the case and its treatment possibilities
are considered. The opinions about the infant's future "quality of life" are
not to bear on whether or not a treatment is judged to be medically indicated.
Medically indicated treatment does not include the failure to provide treatment
to a disabled infant if the treating physician's medical judgment identifies
any of the following:

(f)
Whether or not the withholding of life-sustaining treatment has been
recommended.

(g)
Whether or not the
withholding of life-sustaining treatment has been implemented.

(h)
Whether or not the parent, guardian, or
custodian has refused to consent to life-sustaining treatment.

(i)
Whether or not the hospital chose to
sustain life-supporting care for the immediate future, preceding ninety-six
hours from the date and time the PCSA initiated the report, while the
assessment/investigation is underway.

(j)
Whether or not sustenance (food or water,
whether given orally or through an intravenous or nasogastric tube) or
medication is being denied.

(C)
The PCSA shall document in the case
record the date, time, and with whom the assessment/investigation was
initiated.

(D)
The PCSA shall
involve a qualified medical consultant within twenty-four hours from the time
the referral was screened in as a report to assist in the evaluation of the
disabled infant's medical information, including medical records, obtained
during the preliminary medical assessment.

(E)
If the PCSA determines the child to be in
immediate danger of serious harm, the PCSA shall follow procedures outlined in
rule 5101:2-37-02 of the
Administrative Code.

(F)
The PCSA
shall pursue any legal remedies, including the initiation of legal proceedings
in a court of competent jurisdiction, to provide medical care or treatment for
a child if such care or treatment is necessary to prevent or
remedy serious harm to the child or to prevent the withholding of medically
indicated treatment from a disabled infant with a life-threatening
condition.

(G)
The PCSA shall
attempt a face-to-face contact in order to conduct an interview with the
alleged disabled infant's parent, guardian, or custodian no
later than twenty-four hours from the time the referral was screened in as a
report. The purpose of the interview is to:

(1)
Inform the parent, guardian, or custodian
that a neglect report alleging the withholding of medically indicated treatment
to a disabled infant has been accepted by the PCSA.

(2)
Inform the parent guardian, or custodian
of the purpose of the assessment/investigation.

(4)
Confirm parent, guardian, or custodian's
name and identifying information.

(5)
Determine if parent, guardian, or
custodian agrees on the course of action to be followed.

(6)
Determine if the parent, guardian, or
custodian was presented with all treatment options by the medical treatment
team.

(7)
Determine if the
prognosis of the disabled infant was presented to the parent, guardian, or
custodian.

(8)
Assess if the
parent, guardian, or custodian understands the information provided by the
medical treatment team.

(9)
Determine the nature and degree of parental involvement in the decision to deny
treatment or sustenance to the alleged child victim, if applicable.

(10)
Assess if appropriate counseling
services have been made available to the parent, guardian, or
custodian.

(11)
Refer the parent,
guardian, or custodian to appropriate counseling services, if
applicable.

(12)
Determine if the
parent, guardian, or custodian was provided information to facilitate access to
available services for disabled persons and family members.

(13)
Assist the parent, guardian, or
custodian in accessing needed services, if applicable.

(14)
Determine if the parent, guardian, or
custodian participated in the hospital review process.

(15)
Determine if the parent, guardian, or
custodian was provided with or has access to the results of the hospital review
process.

(H)
If the
attempted face-to-face contact with the disabled
infant's parent, guardian, or custodian as specified in paragraph (G) of
this rule is unsuccessful, the PCSA shall continue making attempts of
face-to-face contact at least every five working days until face-to-face
contact occurs or until the PCSA is required to make a report disposition
pursuant to paragraph (O) of this rule.

(I)
The PCSA shall complete the JFS 01401
"Comprehensive Assessment Planning
Model - I.S., Safety Assessment" (rev. 2/2006) pursuant to rule
5101:2-37-01 of the
Administrative Code within four working days from the date the report was
screened in.

(J)
The PCSA shall document in the case record the date
and time of the contact, or attempted contacts.

(K)
The
PCSA shall, in cooperation with the medical consultant, conduct and document
interviews with the attending physician and health care facility staff. The
purpose of the interviews is to:

(1)
Determine
the measures that the health care facility staff attending to the disabled
infant has taken to provide medically indicated treatment to the disabled
infant.

(2)
Determine whether or
not the disabled infant's attending physician, with the consent of the disabled
infant's parent, guardian or custodian will sustain needed life-supporting care
for twenty-four hours while the PCSA continues the
assessment/investigation.

(3)
Determine if any of the following conditions of and risk to the disabled infant
were concluded by the attending physician's and/or staff's assessment:

(b)
The
provision of medical treatment will merely prolong dying, not be effective in
ameliorating or correcting all of the disabled infant's life-threatening
conditions, or otherwise be futile in terms of the survival of the disabled
infant.

(c)
The provision of
medical treatment will be virtually futile in terms of the survival of the
disabled infant and the treatment itself under such circumstances will be
inhumane.

(4)
Verify if
plans have been made to convene a meeting of the health care facility review
committee or to adopt the recommendations of the appropriate health care
facility review committee, and the meeting has been held.

(L)
The PCSA shall conduct and document all
face-to-face interviews with the alleged perpetrator, unless law enforcement or
the county prosecutor or medical consultant will interview the alleged
perpetrator pursuant to the procedures delineated in the county child abuse and
neglect memorandum of understanding, in order to assess his or her knowledge of
the allegation.

(M)
The PCSA shall
advise the alleged perpetrator of the allegations made against him or her at
the time of the initial contact. The initial contact between the PCSA and the
alleged perpetrator of the report includes the first face-to-face or telephone
contact, whichever occurs first, if information is gathered as part of the
assessment/investigation process.

(N)
The PCSA shall conduct and document
face-to-face or telephone interviews with any person identified as a possible
source of information during the assessment/investigation to obtain relevant
information regarding the safety of and risk to the child.
The PCSA shall exercise discretion in the selection of
collateral sources to protect the privacy of the principals of the
report.

(O)
The PCSA shall complete the report disposition and arrive at a final case
decision by completing the JFS 01400 "Comprehensive Assessment
Planning Model - I.S., Family
Assessment" (rev. 7/2006) no later than forty-five
days from the date the PCSA screened in the referral as a child abuse and/or
neglect report. The PCSA may extend the time frame by a maximum of fifteen days
if information needed to determine the report disposition and final case
decision cannot be obtained within forty-five days and the reasons are documented in
the case record pursuant to rule
5101:2-36-11 of the
Administrative Code.

(P)
The PCSA
shall not waive the completion of the report disposition.

(Q)
The PCSA shall have an interpreter
present for all interviews if the PCSA has determined that a principal of the
report has a language or any other impairment that causes a barrier in
communication, including but not limited to a principal of the report who is
deaf or hearing impaired, limited English proficiency or is developmentally
delayed.

(R)
Within two working
days of completion of the assessment/investigation, the PCSA shall notify the
alleged perpetrator in writing of the report disposition and the right to
appeal the disposition pursuant to rule
5101:2-33-20 of the
Administrative Code.

(S)
Within two
working days from the date of the completion of the report disposition, the
PCSA shall notify the disabled infant's parent(s) in
writing of the report disposition and case decision.

(T)
No later than three working days from the
date of the completion of the report disposition, the PCSA shall provide
written notification of the report disposition to the following entities, as
applicable, in accordance with rules
5101:2-33-21 and
5101:2-36-12 of the
Administrative Code.

(1)
Administrator,
director, or other chief administrator of the health care facility.

(3)
The
appropriate licensing and supervising authorities of the health care
facility.

(U)
The PCSA
shall notify law enforcement if it is determined that the attending physician
failed to provide medically indicated treatment or failed to inform the
disabled infant's parent, guardian, or custodian of
the available treatment options.

(V)
The PCSA shall
maintain all materials obtained as a result of the assessment/investigation in
the case record.

(A)
The public children services agency
(PCSA) shall adhere to this rule for reports of
child abuse or neglect where there is a potential conflict of interest
because one or more of the following parties is a principal of the report:

(1)
Any employee of an institution or
facility that is licensed or certified by the Ohio department of job and family
services (ODJFS) or another state agency and supervised by the PCSA.

(2)
A foster caregiver, pre-finalized
adoptive parent, adoptive parent, relative, or kinship caregiver who is
recommended, approved, or supervised by the PCSA.

(3)
A type B family day care home certified
or licensed by a county department of job and
family services (CDJFS) that has assumed the powers and duties of the county
children services function defined in Chapter 5153. of the Revised
Code.

(4)
Any employee, or agent of
ODJFS or the PCSA as defined in Chapter 5153. of the Revised Code.

(5)
Any authorized person representing ODJFS
or the PCSA who provides services for payment or as a volunteer.

(6)
A foster
caregiver or an employee of an institution or facility licensed or certified by
ODJFS and the alleged child victim is in the custody of, or receiving services
from, the PCSA that accepted the report.

(7)
Any time a PCSA
determines that a conflict of interest exists. The PCSA
shall document in the case record if a conflict of interest is
identified.

(B)
The involvement of a third party does not relieve the
lead PCSA of its responsibility to ensure assessment/investigation activities
are completed.

(C)
A law enforcement
agency or another PCSA may serve as the third party to an
assessment/investigation of child abuse or neglect.

(1)
The PCSA shall request the assistance of
law enforcement as the third party if the child abuse or neglect report alleges
a criminal offense.

(2)
The PCSA
may request the assistance of another PCSA as the third party if the child
abuse or neglect report does not allege a criminal offense and both agencies
agree to participate in the assessment/investigation including the delegation of investigatory
responsibilities.

(D)
In lieu of law enforcement or another PCSA, the PCSA
may operate an in-house unit to assess/investigate reports
of child abuse and neglect requiring a third party
if all of the following apply:

(3)
The PCSA maintains
written internal policies and procedures for the review and approval of
assessments/investigations conducted by the in-house unit.

(4)
The in-house unit works independently of
all other units within the PCSA.

(E)
Within twenty-four
hours of the identification of a conflict of interest, the PCSA shall
request and document the assistance of a third party
.

(F)
Upon acceptance of the request from the lead PCSA, the non-lead PCSA shall
complete the assessment/investigation within the time frames
established pursuant to rule
5101:2-36-03 or
5101:2-36-04 of the
Administrative Code.

(G)
In instances where
law enforcement or another PCSA declines to
assist the PCSA, the PCSA is responsible for conducting the
assessment/investigation. The PCSA is responsible for having procedures in
place to address the conflict of interest and ensure the completion of the
assessment/investigation.

(I)
The assessment/investigation documentation and any
materials obtained as a result of the assessment/investigation including the
third party assessment/investigation report from law enforcement or the
non-lead PCSA shall be maintained in the case record.

(A)
A public children services agency (PCSA)
shall conduct a dependency assessment in response to a dependency report if any
of the following conditions apply to a child subject of the report absent
allegations of abuse or neglect:

(1)
The child
subject of the report is homeless or destitute or without adequate parental
care, through no fault of the child's parents, guardian, or
custodian.

(2)
The child subject of
the report lacks adequate parental care as defined in section
2151.011 of the Revised
Code.

(3)
The child subject of the
report's condition or environment is such as to warrant the state, in the
interests of the child, in assuming the child's guardianship.

(4)
The child subject of the report is
residing in a household where a parent, guardian, custodian, or other member of
the household committed an act that was the basis for adjudication and a
sibling of the child or any other child who resides in the household is an
abused, neglected, or dependent child.

(B)
The PCSA may request the assistance of
law enforcement during an assessment if the following situations exist and the
reason for contacting law enforcement is documented in the case record:

(1)
The agency has reason to believe that the
child is in immediate danger of serious harm.

(2)
The agency has reason to believe that the
worker is, or will be, in danger of harm.

(3)
The agency has reason to believe that a
crime is being committed, or has been committed against a child.

(4)
The assistance of law enforcement needs
to be invoked in accordance with the county child abuse and neglect memorandum
of understanding.

(C)
The PCSA shall initiate the screened in dependency report in accordance with
the following:

(1)
For an emergency report,
attempt a face-to-face contact with the child subject of the report within one
hour from the time the referral was screened in, to assess child safety and
interview the child subject of the report.

(2)
For all other reports, attempt a
face-to-face contact or complete a telephone contact within twenty-four hours
from the time the referral was screened in, with a principal of the report or
collateral source who has knowledge of the child subject of the report's
current condition, and can provide current information about the child's
safety.

(3)
If face-to-face contact
with the child subject of the report was not attempted within the twenty-four
hour time frame, an attempt of face-to-face contact with the child subject of
the report shall be made within seventy-two hours from the time the report was
screened in to assess child safety and interview the child subject of the
report.

(D)
The PCSA
shall document in the case record the date, time, and with whom the assessment
was initiated.

(1)
The PCSA shall attempt
face-to-face contact with the child subject of the report and a parent,
guardian, custodian, or caregiver within the first four working days from the
date the report was screened in as a dependent report.

(2)
If the PCSA's attempt to complete
face-to-face contact pursuant to paragraph (E)(1) of this rule is unsuccessful,
the PCSA shall attempt at least one additional face-to-face contact within the
first four working days from the date that the referral was screened in as a
report.

(F)
If the attempted
face-to-face contacts with the child subject of the
report as specified in paragraphs (C) and (E) of this rule are
unsuccessful, the PCSA shall, at a minimum, continue making attempts for
face-to-face contact at least every five working days until the child is seen
or until the PCSA is
required to complete a final case decision pursuant to paragraph (S) or (T) of
this rule.

(G)
The PCSA shall not
interview the child subject of the report or his or her
siblings without parental consent, unless one of the following exigent
circumstances exists:

(1)
There is credible
information indicating the child is in immediate danger of serious
harm.

(2)
There is credible
information indicating that the child will be in immediate danger of serious
harm upon return home from school or other locations away from their
home.

(3)
There is credible
information indicating that the child may be intimidated from discussing the
alleged dependency in his/her home.

(4)
The child requests to be interviewed at
school or another location due to one of the circumstances listed in this
paragraph.

(H)
If a child subject of the report provides information during an interview that
indicates a sibling might be in immediate danger of serious harm or that the
sibling could provide information regarding immediate danger of serious harm to
the child subject of the report, the interview of the sibling who was not
identified as a child subject of the report may occur.

(I)
If a child is
interviewed without parental consent, then the same day, the PCSA shall attempt
a face-to-face contact or complete a telephone
contact with the child's, guardian, or custodian to
inform them that an interview of their child occurred. If unsuccessful, an
attempt to complete face-to-face contact shall occur once every five working
days until contact is made with the child's parent, guardian, or custodian or
the time
frame for completion of the assessment expires.

(J)
The specific facts necessitating the assessment interviews of a child be
conducted without parental consent must be documented in the case
record.

(K)
The PCSA shall conduct and document face-to-face
interviews with each child residing within the home of the child subject of the
report. If possible, each child should be interviewed separate and apart from
the caretaker. The purpose of the interviews is to:

(3)
Obtain relevant information regarding the
safety and risk to the child.

(N)
At the time of the initial contact with the adult
subject(s) of the report, the PCSA shall advise the
adult
subject(s) of the report of the specific concerns. The initial contact
between the caseworker assessing a dependent child report and the
adult subject(s) of the report of the report includes,
whichever occurs first, face-to-face or telephone contact with the person
if
information is gathered as part of the assessment process.

(O)
The PCSA shall conduct and document face-to-face interviews or telephone
interviews with anyone identified as possible sources of information during the
assessment to obtain relevant information regarding the safety and risk to the
child. The PCSA shall exercise discretion in the
selection of collateral sources to protect the family's right to privacy.

(P)
The PCSA shall
take any other actions necessary to assess safety and risk to the child. These
actions may include, but are not limited to:

(1)
Taking photographs of the child's
environment with the parent, guardian, or custodian's consent.

(2)
Attempt to
secure a medical examination or psychological evaluation or both of the
child with consent of the child's parent, guardian, or custodian or with a
court order.

(3)
Attempt to
secure any relevant records, including but not limited to school, mental
health, and medical records.

(Q)
At any time the
PCSA determines a child to be in immediate danger of serious harm, the PCSA
shall follow procedures outlined in rule
5101:2-37-02 of the
Administrative Code.

(R)
If the PCSA determines supportive services are
necessary, the supportive services shall be made available to the child, his or
her parent, guardian, or custodian during all of the following pursuant to
procedures established in rule
5101:2-40-02 of the
Administrative Code:

(S)
The PCSA shall
arrive at a final case decision by completing the JFS 01400 "Comprehensive
Assessment Planning Model - I.S.,
Family Assessment" (rev. 7/2006) no later than forty-five
days from the date the report was screened in. The PCSA may extend the time
frame by a maximum of fifteen days if information needed to determine the final
case decision cannot be obtained within forty-five days and the reasons are documented in the
case record pursuant to rule
5101:2-36-11 of the
Administrative Code.

(T)
If the dependency report involves a principal of
the report who is currently receiving ongoing protective services from the
PCSA, the PCSA shall complete the final case decision by completing the JFS
01402 "Comprehensive Assessment Planning Model - I.S., Ongoing Case Assessment/Investigation" (rev.
7/2006).

(1)
The JFS 01402 shall be completed
no later than forty-five days from the date the report was screened
in.

(2)
The PCSA may extend the
time frame by a maximum of fifteen days if information needed to determine the
final case decision cannot be obtained within forty-five days
and the reasons are documented in the case record pursuant to rule
5101:2-36-11 of the
Administrative Code.

(U)
The PCSA shall not
waive the completion of the final case decision.

(V)
The PCSA shall
request assistance from the county prosecutor, the PCSA's legal counsel, or the
court if refused access to the child or any records required to conduct the
assessment.

(W)
The PCSA shall have an interpreter present for all
interviews if the PCSA has determined that a member of the case
has any impairment that creates a barrier to communication, including but not
limited to a principal of the report who is deaf or hearing impaired, limited
English proficiency or is developmentally delayed.

(X)
Within two working
days of completion of the assessment, the PCSA shall do all of the following:

(1)
Notify the child, unless the child is not
of an age or developmental capacity to understand; and the child's parent,
guardian, or custodian of the final case decision.

(3)
Refer any
infant who has been born and identified as affected by illegal substance abuse
or withdrawal symptoms resulting from prenatal drug exposure to "Help Me Grow."

(4)
Notify the child's
non-custodial parent, who holds residual parental rights to the child and
maintains an ongoing relationship through visitation with the child and/or
payment of child support, of the receipt of the report and the final case
decision.

(5)
Document in the case record, the date and method
of notification to the principals of the report of the above listed activities
completed.

(Y)
If two or
more Ohio PCSAs are involved in an assessment,
the lead county shall be determined by the following criteria:

(1)
The PCSA located within the county where
a juvenile court has issued a protective supervision order.

(2)
The PCSA located within the county where
the custodial parent, legal guardian, or legal
custodian of the child subject of the report resides.

(3)
If an order of shared parenting has been issued, and
there has been no residential parent designated by the court, the PCSA located
within the county of residence of the custodian who has physical care of the
child subject of the report at the time the incident occurred.

(Z)
If a report of dependency involves a child who is
living in a shelter for victims of domestic violence or a homeless shelter, the
PCSA that received the report shall do one of the following:

(1)
Determine if the child was brought to the
shelter pursuant to an agreement with a shelter in another county. If a
determination is made that there was an agreement in place, the PCSA from the
county from which the child was brought shall lead the assessment and provide
the required supportive services or petition the court for custody of the
child, if necessary.

(2)
Lead the
assessment if a determination was made that the child was not
brought to the shelter under an agreement with a shelter in another county. If
two or more PCSAs are involved, all PCSAs shall be responsible for following
procedures outlined in this rule.

(3)
Commence the assessment if a
determination cannot be made immediately if an agreement is in effect.

(AA)
If requested by the lead PCSA, either verbally or
in writing, the non-lead PCSA located in a
non-contiguous county shall conduct interviews of any principals of the
report and collateral sources presently located within its jurisdiction
to provide the lead agency with the information
necessary to complete the JFS 01401, JFS 01402, and the JFS 01400 within
the time
frames outlined in this rule. All PCSAs involved shall document the
request in the case record.

(BB)
The assessment
documentation and any materials obtained as a result of the assessment shall be
maintained in the case record. If any information gathering activity cannot be
completed, justification and written approval of the director or the designee
shall be filed in the case record in accordance with rule
5101:2-36-11 of the
Administrative Code.

(8)
Post
finalization adoption services report, as defined in rule
5101:2-1-01 of the
Administrative Code. The PCSA shall provide or arrange services to support,
maintain, and assist an adopted child, adoptive family, or birth parent anytime
after finalization of an adoption.

(9)
Postnatal placement services to an infant
of an incarcerated mother report, pursuant to rule
5101:2-42-60 of the
Administrative Code.

(10)
Preventive services report, as defined in rule 5101:2-1-01 of the Administrative Code. The PCSA shall
provide services aimed at preventing child abuse and neglect which have been
requested by the parent, guardian, or custodian for the family
if there
are no current allegations of child abuse, neglect, or dependency.

(13)
Unruly/delinquent report, as defined in section
2151.022 of the Revised Code or
defined in rule
5101:2-1-01 of the
Administrative Code. The PCSA shall complete an assessment to identify the need
for services designed to promote child safety, permanency, and well-being for a
child determined to be unruly or delinquent.

(D)
Except as provided in paragraph (E) of
this rule, completion of the JFS 01400 "Comprehensive Assessment
Planning Model - I.S., Family
Assessment" (rev. 7/2006) is required for all family in need of services
reports transferred for ongoing PCSA services prior to the completion of the
case plan pursuant to rule
5101:2-38-01 or
5101:2-38-05 of the
Administrative Code.

(E)
The
following family in need of services report subcategories do not require the
completion of a JFS 01400 prior to the completion of the case plan:

(A)
The public
children services agency (PCSA) shall request an extension
if the PCSA is unable to complete specific assessment/investigative activities
pursuant to the time frames established within Chapters 5101:2-36 and 5101:2-37
of the Administrative Code. The justification for extension shall:

(1)
Contain written justification for not
meeting the established time frame.

(2)
Contain supervisory approval of the
written justification prior to the expiration of the established time
frame.

(B)
An extension is permitted for the following
assessment/investigative activities:

(1)
Completion of the JFS 01401 "Comprehensive Assessment
Planning Model - I.S., Safety
Assessment" (rev. 2/2006) . The time frame may be extended until face-to-face
contact with each required participant is completed or until the PCSA is
required to make a report disposition or final case decision.

(2)
Obtaining the signature of the parent,
guardian, or custodian, or person(s) responsible for an action step on the JFS
01409 "Comprehensive Assessment
Planning Model - I.S., Safety Plan for Children" (rev. 2/2006) within
twenty-four hours from receipt of the verbal authorization. The time frame of
the extension shall not exceed five working days.

(2)
The PCSA is
waiting on documentation/information from another entity that is necessary in
determining the disposition or case decision.

(3)
Interviews with
collaterals or witnesses who have specific information about the allegations
have not been completed.

(4)
The case is assigned to the alternative response
pathway and additional time is needed to complete the linkage to services prior
to case closure.

(D)
The PCSA shall
complete a request to waive an assessment/investigation
activity
pursuant to the requirements established within Chapters 5101:2-36 and
5101:2-37 of the Administrative Code if the PCSA is
unable to complete specific assessment/investigative activities. The
request shall:

(1)
Contain written justification of why each
assessment/investigation activity can not be completed.

(2)
Contain the director's or designee's
approval of the written request prior to the termination of the
established time frame, or extended time frame, for the
assessment/investigation activity.

(7)
Completion of the JFS 01401, JFS 01419 or the JFS
01423 if the PCSA has not completed contact with any principal of the report
and has been unable to locate the family.

(8)
Completion of the
JFS 01400, JFS 01401, JFS 01402, or JFS 01403 if all of the following apply:

(a)
The PCSA has not successfully gathered
sufficient information from any principal of the report, identified witness, or
collaterals in order to complete the JFS 01400, JFS 01401, JFS 01402, or JFS
01403.

(b)
The parent, guardian, or
custodian of the alleged child victim refused the PCSA to have contact with
family members, including principals of the report, to complete the required
assessment activities.

(c)
The PCSA
consulted legal counsel regarding the report and the family's refusal to engage
in the assessment/investigation process.

(d)
The PCSA's legal counsel advised the PCSA
no legal action will be pursued.

(e)
The PCSA report disposition is
unsubstantiated, substantiated, or indicated.

(9)
The signature of
a parent, guardian, or custodian on the JFS 01409 if all of the following
apply:

(a)
The
PCSA has obtained one signature from a parent, guardian, or custodian on the
JFS 01409.

(b)
The PCSA determines the parent, guardian, or custodian
who has not signed is unable or unavailable to sign the JFS
01409.

(c)
The reason(s) why the parent, guardian, or custodian
who has not signed is unable or unavailable to sign the JFS 01409 is documented
in the case record.

(10)
Completion of
the JFS 01400, JFS 01401, JFS 01402, JFS 01403, JFS 01419, or JFS 01423 if,
upon initiation, the PCSA determines the specific incident alleged in the
report has been previously assessed/investigated and all of the following
apply:

(a)
The
report involves the same alleged child victim or child subject of the previous
report.

(b)
The report involves the same alleged perpetrator or
adult subject of the previous report.

(c)
The previous
report received an alternative response case decision or report disposition of
substantiated, indicated or unsubstantiated.

(F)
The PCSA shall not complete a justification to
waive or extend the completion time frame for any assessment/investigation
activity not identified within this rule.

(A)
The provisions
of rule
5101:2-33-21 of the
Administrative Code regarding confidentiality apply to all cross-referrals of
child abuse and/or neglect required by this rule.

(B)
The public children services agency
(PCSA) shall make a cross referral to law enforcement if the report alleges a
criminal offense.

(C)
The PCSA
shall cross refer reports of child abuse and or neglect in accordance with the
PCSA's county child abuse and neglect memorandum of understanding, and if
applicable, the interagency agreement with a child advocacy center pursuant to
section 2151.428 of the Revised
Code.

(D)
The PCSA shall contact
the following licensing and supervising authorities, as applicable, no later
than the next working day from the date the referral was screened in to share
information pursuant to rules
5101:2-33-21 and
5101:2-36-04 of the
Administrative Code:

(1)
The Ohio department
of developmental disabilities (ODDD) division of developmental centers quality
assurance if the report involves a developmental center managed by ODDD; or the
office of licensure if the report involves a foster or group home licensed
by ODDD.

(2)
The local county board
of developmental disabilities (DD) if the report involves any program managed
by the county board of DD.

(3)
The
local board of alcohol, drug addiction, and mental health and the Ohio
department of mental health (ODMH) if the report involves a residential care
facility licensed by ODMH.

(4)
The
Ohio department of youth services' (ODYS) chief inspector if the report
involves an institution or facility for delinquent children managed by ODYS; or
the juvenile judge and ODYS' division of parole, courts, and community services
if the
report involves a detention or rehabilitation facility managed by a juvenile
court and approved by ODYS.

(5)
The
superintendent of the local schools or the Ohio department of
education's (ODE) legal
counsel if the report involves the
school for the deaf or blind or early education
programs managed by ODE .

(6)
The Ohio
department of job and family services (ODJFS), children services licensing, if
the report involves a foster home, group home or children's residential
facility licensed by ODJFS.

(7)
The ODJFS, child
care licensing, if the report involves a child care center
(more than twelve children) or a type A family child care home which is or
should be licensed by ODJFS.

(8)
The local county
department of job and family services (CDJFS) if the report involves an in-home
aide who is certified by the CDJFS or a type B family
child care
certified or licensed by the CDJFS.

(A)
A public
children services agency (PCSA) shall complete an intrastate referral to another PCSA
if
the PCSA receives a report of alleged child abuse or
neglect, and determines the child and his or her custodial parent, legal
guardian, or legal custodian reside or have moved to another county before an
assessment/investigation has been initiated.

(1)
If an emergency
exists, the PCSA shall immediately telephone the appropriate PCSA and provide
the referral information.

(2)
If no emergency exists, the PCSA shall provide the
referral information by telephone within twenty-four hours.

(3)
The referral
information provided to the PCSA shall include, but is not limited to, the
following:

(a)
The case identification number established within the statewide automated child
welfare information system (SACWIS).

(c)
The intake
identification number established within SACWIS, as applicable.

(d)
Location,
including the address, of the child and his or her custodial parent, legal
guardian, or legal custodian.

(B)
A PCSA shall complete an
intrastate referral to another PCSA if the PCSA initiates an abuse or neglect
report and determines the alleged child victim and his or her custodial parent,
legal guardian, or legal custodian reside in another county.

(1)
The PCSA shall immediately telephone the appropriate
PCSA if an emergency exists to inform of the report and
the information obtained as a result of the initiation or other contacts. If no
emergency exists, the PCSA shall telephone the appropriate PCSA within
twenty-four hours.

(2)
The PCSA receiving the intrastate referral shall
determine one of the following:

(a)
A case transfer shall be accepted regarding the
current report. The receiving PCSA becomes the lead agency and is responsible
for the completion of the assessment/investigation activities including
arriving at a report disposition and case decision.

(b)
A case transfer
shall not be accepted. The PCSA that initiated the report shall remain the lead
agency and retain responsibility for the completion of the
assessment/investigation, including completing requests for required non-lead
interviews.

(C)
A
PCSA shall make an intrastate referral to another PCSA if the PCSA determines
that protective services are needed but the child and his or her custodial
parent, legal guardian, or legal custodian moves to another county before or
during the provision of protective services and the child remains at risk of
abuse or neglect.

(D)
A PCSA shall make an interstate referral to a
children's services agency (CSA) if the PCSA receives a report of alleged child
abuse or neglect, and determines the child and his or her custodial parent,
legal guardian, or legal custodian reside in or have moved to another
state. The PCSA shall comply with the following procedures
if making
a referral to a CSA:

(1)
If an emergency
exists, the PCSA shall immediately telephone the appropriate CSA with the
referral information. Within three working days of the date of the telephone
referral, the PCSA shall follow-up with a written referral to the
CSA.

(2)
If no emergency exists,
the PCSA shall provide the referral information by telephone
within twenty-four hours. Within three working days of
the date of the telephone referral, the PCSA shall follow-up the telephone
referral with a written referral to the CSA.

(h)
The information the
referring PCSA needs in response to the referral.

(4)
Confidential information regarding the
child, his or her parent, guardian, or custodian may be released to CSA
pursuant to rule
5101:2-33-21 of the
Administrative Code.

(5)
The PCSA shall cooperate with the CSA, and if
necessary, lead the assessment/investigative efforts if the child is located
within Ohio and the abuse or neglect is alleged to have occurred within
Ohio.

(A)
A public
children services agency (PCSA) shall issue a protective service alert (PSA) if
either of the following occurs:

(1)
The PCSA
receives an abuse or neglect report, the
whereabouts of a child or his or
her parent, guardian, or custodian are unknown,
and the PCSA has reason to believe the child is in
immediate danger of serious harm.

(2)
The PCSA determines that protective services are needed, the whereabouts of the child or his or her
parent, guardian, or custodian are unknown and the PCSA
has reason to believe the child remains at risk of abuse or
neglect.

(B)
The PCSA
shall create a PSA in the statewide automated child welfare information system
(SACWIS) and specify whether the PSA is to be processed as an in-state or out
of state alert.

(C)
Upon creation
of a PSA, the PCSA issuing the PSA shall be referenced as the
originating PCSA.

(D)
A non-originating PCSA shall notify the
originating PCSA no later than the next working day if a person(s) with an
active PSA has been located and document the
notification in the case record.

(E)
Upon receipt of the notification that a
person has been located, the originating PCSA shall cancel the
PSA.

(G)
The originating PCSA shall complete a PSA extension
prior to the expiration of the PSA if the PCSA determines the child
remains in immediate danger of serious harm
. Each PSA
extension will expire ninety days from the issue date.

(A)
This rule applies to public children
services agencies (PCSAs) that received training and written approval from the
Ohio department of job and family services (ODJFS) to implement alternative
response.

(B)
The PCSA shall
initiate the screened in child abuse and neglect report assigned to the
alternative response pathway in accordance with the following:

(1)
For an emergency report, attempt a
face-to-face contact with the child subject of the report within one hour from
the time the referral was screened in as a report in order to assess child
safety.

(2)
For all other reports,
complete one of the following activities, within twenty-four hours from the
time the referral was screened in as a report, with a principal of the report
or collateral source, who has knowledge of the child's current condition and
can provide current information about the child's safety:

(a)
Attempt a face-to-face contact with the
parent, child or collateral source.

(c)
Send a letter to the parent, guardian, or custodian acknowledging a report was
received and inviting the family to engage with the PCSA.

(C)
The
PCSA shall advise the parent, guardian, or custodian of the information
contained in the report at the time of the initial contact. The initial contact
between the PCSA and the parent, guardian, or custodian includes face-to-face
or telephone contact, whichever occurs first, if information is gathered as
part of the assessment process.

(D)
The PCSA shall document in the case
record the date, time, and with whom the assessment was initiated. For all
reports initiated by the mailing of a letter, the date the letter is mailed
shall be documented in the case record.

(1)
The PCSA shall attempt face-to-face contact with the
child subject of the report and a parent,guardian, custodian, or caregiver
within the first four working days from the date the report was screened in as
an abuse or neglect report.

(2)
If the PCSA's
attempt to complete face-to-face contact pursuant to paragraph (E)(1) of this
rule is unsuccessful, the PCSA shall attempt at least one additional
face-to-face contact within the first four working days from the date that the
referral was screened in as a report.

(F)
If the initial
attempted face-to-face contacts with the child subject of the report and
caretaker, as specified in paragraphs (B) and (E) of this rule are
unsuccessful, the PCSA shall at a minimum continue making attempts of
face-to-face contact at least every five working days until the child subject
of the report and caretaker are seen or until the PCSA is required to complete
a case decision pursuant to paragraph (T) or (U) of this rule.

(G)
The PCSA shall not contact a child subject of the
report or his or her siblings without parental consent, unless one of the
following exigent circumstances exists:

(1)
There is credible information indicating the child is in immediate danger of
serious harm.

(2)
There is credible
information indicating the child will be in immediate danger of serious harm
upon return home from school or other locations away from his or her
home.

(3)
There is credible
information indicating the child may be intimidated from discussing the alleged
abuse or neglect in his or her home.

(4)
The child requests to be contacted at
school or another location due to one of the circumstances listed
above.

(H)
If a child is contacted without parental consent,
then the same day, the PCSA shall attempt a
face-to-face contact or complete telephone
contact with the child's parent, guardian, or custodian to inform them
that contact with his or her child occurred and provide the specific facts
necessitating the child be contacted without parental consent.

(I)
The specific facts
necessitating contact with the child be completed without parental consent
shall be documented in the case record.

(J)
If the attempt
to contact the child's custodian pursuant to paragraph (H) of this rule is
unsuccessful, the PCSA shall continue to attempt to complete face-to-face
contact with the child's parent, guardian or custodian once every five working
days until contact is made with the child's parent, guardian, or custodian, or
until the PCSA is required to make a case decision pursuant to paragraph (T) or
(U) of this rule.

(K)
The PCSA shall
complete and document face-to-face contacts with each child residing within the
home of the child(ren) who were the subject of the report.

(L)
The PCSA shall complete and document face-to-face contacts with all adults
residing within the home of the child(ren) who were the subject of the
report.

(M)
If the attempted face-to-face contacts with the
family, as specified in paragraphs (K) and (L) of this rule are unsuccessful, the PCSA shall
continue making attempts of face-to-face contact at least every five working
days, at a minimum, until the child is seen or until the PCSA is required to
complete a case decision pursuant to paragraph (T) of this rule.

(N)
The PCSA shall convert a case from the alternative response pathway to the
traditional response pathway if any of the following occur:

(1)
The family requests a pathway change from
the alternative response pathway to the traditional response pathway.

(3)
The PCSA files a complaint with the
juvenile court pursuant to section
2151.27 of the Revised Code
alleging the child is abused, neglected or dependent child.

(4)
The PCSA screens in a report requiring
assignment in a traditional response pathway pursuant to paragraph
(I) of
rule 5101:2-36-01 of the
Administrative Code.

(O)
The PCSA shall record a pathway switch in SACWIS no
later than the next working day from the date of the event triggering the
conversion of a case from the alternative response pathway to the traditional
response pathway.

(P)
The PCSA shall notify the principals of the report of
the pathway change either verbally or in writing within three working days upon
the conversion of a case from the alternative response pathway to the
traditional response pathway if the pathway switch is not the result of a
subsequent report received and assigned to the traditional response pathway.
the notification(s) shall be documented.

(Q)
If the PCSA
determines a child to be in immediate danger of serious harm, the PCSA shall
follow procedures outlined in rule
5101:2-37-02 of the
Administrative Code.

(R)
The PCSA shall conduct and document face-to face
or telephone contact with any person identified as a possible source of
information during the assessment to obtain relevant information regarding the
safety of and risk to the child. The PCSA shall exercise discretion in the
selection of collateral sources to protect the family's right to
privacy.

(S)
If two or more PCSAs are involved in an
assessment, the lead county shall be determined by the
following criteria:

(1)
The
PCSA located within the county where the parent, guardian, custodian of the
child subject of the report resides.

(2)
If an order of
shared parenting has been issued, and a residential parent has not been
designated by the court, the PCSA located within the county of residence of the
custodian who has physical care of the child subject of the report at the time
the incident occurred.

(T)
If requested by
the lead PCSA, either verbally or in writing, the non-lead PCSA located in a
non-contiguous county shall conduct interviews of any principals of the report
and collateral sources presently located within its jurisdiction to provide the
lead agency with the information necessary to complete the JFS 01401, 01419,
and/or 01423 within the time frames outlined in this rule. All PCSAs involved
shall document the request in the case record.

(U)
The PCSA shall have an interpreter present for all
interviews when the PCSA has determined that a principal of the report has a
language or any other impairment that causes a barrier in communication,
including but not limited to a principal of the report who is deaf or hearing
impaired, limited English proficiency or is developmentally delayed.

(V)
The PCSA shall make a case decision
by completing the JFS 01419 pursuant to rule
5101:2-37-03 of the
Administrative Code no later than forty-five days from the date the PCSA
screened in the referral as a report.

(1)
The
PCSA may extend the time frame for completion of the JFS 01419
pursuant to rule
5101:2-36-11 of the
Administrative Code with written justification and supervisory approval.
The time frame for extension shall not exceed fifteen days.

(2)
The JFS 01419 shall be entered in SACWIS
within three working days from the date of the case decision.

(W)
If the child abuse and/or neglect report involves a family member receiving
services after the completion of the JFS 01419, the PCSA shall make the final
case decision by completing the JFS 01423 pursuant to
rule 5101:2-37-03 of the
Administrative Code.

(X)
If the case
decision is to transfer the case for ongoing PCSA services, and the case will
continue to be assigned to the alternative response pathway, the agency shall
provide ongoing services to the family pursuant to rule
5101:2-38-20 of the
Administrative Code.

(Y)
Within two working days of completion of the
assessment, the PCSA shall do all of the following:

(1)
Notify the parent, guardian, or custodian
of the final case decision in writing.

(2)
Refer to "Help Me Grow" any infant born
and identified as affected by illegal substance abuse or withdrawal symptoms
resulting from prenatal drug exposure.

(3)
Notify the
child's non-custodial parent, who holds residual parental rights to the child
and maintains an ongoing relationship through visitation with the child and/or
payment of child support, of the receipt of the report, and the case
decision.

(Z)
Documentation of
the alternative response assessment, including any materials obtained during
the assessment, shall be maintained in the case record.

(AA)
The PCSA may extend time frames for completion or waive assessment activities
pursuant to rule
5101:2-36-11 of the
Administrative Code.